UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/605146

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

LIKELIHOOD OF CONFUSION REFUSAL – CLASSES 9 AND 41 ONLY

THE REFUSAL BASED ON REGISTRATION NO. 2,786,319 IS LIMITED TO INTERNATIONAL CLASS 41.  THE REFUSAL BASED ON REGISTRATION NO. 2,246,365 IS LIMITED TO INTERNATIONAL CLASS 9.  IF THE APPLICANT DELETES THESE CLASSES, THEN THE REFUSAL WILL BE WITHDRAWN.

 

The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), because the applicant's mark, when used on or in connection with the identified goods and services, so resembles the marks in U.S. Registration Nos. 2786319 and 2246365 as to be likely to cause confusion, or to cause mistake, or to deceive.  TMEP section 1207.  See the enclosed registrations.

 

The examining attorney must analyze each case in two steps to determine whether there is a likelihood of confusion.  First, the examining attorney must look at the marks themselves for similarities in appearance, sound, connotation and commercial impression.  In re E. I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973).  Second, the examining attorney must compare the goods or services to determine if they are related or if the activities surrounding their marketing are such that confusion as to origin is likely.  In re August Storck KG, 218 USPQ 823 (TTAB 1983); In re International Telephone and Telegraph Corp., 197 USPQ 910 (TTAB 1978); Guardian Products Co., v. Scott Paper Co., 200 USPQ 738 (TTAB 1978).

 

The applicant applied to register the mark I DREAM plus a design for “pre-recorded sound recordings; pre-recorded vinyl records, compact discs; audio tapes, audio-video tapes, audio video cassettes, audio video discs and digital versatile discs; pre-recorded video recordings; motion picture films and television; motion pictures for broadcast on television; cd-roms featuring animation, music, comedy, variety, adventure and/or drama; cd-rom games; blank audio tapes, blank video tapes, blank audio cassettes, blank video cassettes; video games adapted for use with television receivers, counter operated games, video and computer games software; video game cartridges and cassettes; game equipment for playing a computer game; spectacles; spectacle cases, sunglasses, computer software for arcade apparatus and games, video games software; computer peripheral mouse pads; computer software screen savers” in Class 9 and “entertainment services; television entertainment services; music entertainment services; sound recording and video entertainment services; education services; education and training services; concert, musical and video performances; television and radio entertainment services; entertainment services by stage production and cabaret; production of video and/or sound recording; presentation, production and performance of shows, musical shows, concerts, videos, multimedia videos and radio and television programs; recording, film, video and television studio services; audio, film, video and television recording services; publishing; music publishing; sound recording, film and video production and distribution services; arranging and conducting of seminars, conferences and exhibitions; publication of books, magazines and other texts” in Class 41. 

 

The registered marks are:

 

Registration No. 2786319 for IDREAM and design for “Educational services, namely, conducting classes, seminars, conferences, workshops, special events and developing associated course materials in the field of self motivation for children and young adults and Entertainment, namely, production and event planning of self motivation classes, seminars, conferences, workshops, and special events for children and young adults;”

 

Registration No. 2246365 for IDREAM for “computer software for use in the development of interactive, multimedia applications for stand-alone computer use and for use in conjunction with a global computer network.”

 

The examining attorney must compare the marks for similarities in sound, appearance, meaning or connotation.  In re E. I. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973).  Similarity in any one of these elements is sufficient to find a likelihood of confusion. In re Mack, 197 USPQ 755 (TTAB 1977).  In the instant case, the word portion of the marks are identical.  The fact that the applicant and Registration No. 2786319 have added a design element is not enough to avoid a likelihood of confusion.  When a mark consists of a word portion and a design portion, the word portion is more likely to be impressed upon a purchaser's memory and to be used in calling for the goods or services. In re Appetito Provisions Co., 3 USPQ2d 1553 (TTAB 1987)(APPETTITO and design of two broad stripes lined for the colors red and green, for Italian sausage, held likely to be confused with A APPETITO’S and design and A APPETITO’S INC and design of sandwich, both for restaurant services); Amoco Oil Co. v. Amerco, Inc., 192 USPQ 729 (TTAB 1976).  It is the words, which will be commonly used when calling for or recommending the goods, and it is the words, which typically will be more likely to be remembered and used again the next time the product is ordered or discussed in some other way.  In re International Components Corp., 191 USQ 653 (TTAB 1976).  Therefore, if the literal portions of the two marks are nearly identical in appearance, sound and meaning, the addition of a design element does not negate the similarity between the marks.  Coca Cola Bottling Co. v. Joseph E. Seagram & Sons, Inc., 188 USPQ 105 (CCPA 1975). 

 

The goods and services of the parties need not be identical or directly competitive to find a likelihood of confusion.  They need only be related in some manner, or the conditions surrounding their marketing be such, that they could be encountered by the same purchasers under circumstances that could give rise to the mistaken belief that the goods and services come from a common source.  In re Martin's Famous Pastry Shoppe, Inc., 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985); In re Rexel Inc., 223 USPQ 830 (TTAB 1984); Guardian Products Co., Inc. v. Scott Paper Co., 200 USPQ 738 (TTAB 1978); In re International Telephone & Telegraph Corp., 197 USPQ 910 (TTAB 1978).  Registration No. 2,786,319 is for educational and entertainment services.  The applicant has come in for educational and entertainment services and has not specified the field of the services.  Accordingly, it is presumed that they encompass the same field as the registrant.  Registration No. 2,246,365 is for computer software for use in the development of interactive, multimedia applications.  The applicant’s mark is for computer games software, computer software for arcade apparatus and games, video games software and computer software screen savers.  The examiner attaches evidence that demonstrates that these goods are related.  See attachments.

 

Overall, the similarities among the marks and goods and services are so great as to create a likelihood of confusion.  The examining attorney must resolve any doubt regarding a likelihood of confusion in favor of the prior registrants.  In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 6 USPQ2d 1025 (Fed. Cir., 1988).

 

INFORMALITIES

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.  If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following informalities.

 

DUAL BASIS APPLICATIONS – SECTION 1(B) AND 44(D)

The applicant has filed asserting a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and claiming priority under Section 44(d), 15 U.S.C. §1126(d), based on a foreign application.  Under these circumstances, the applicant may rely solely on its intent to use the mark in commerce as the basis for registration and not the expected foreign registration, and still claim the benefit of the priority filing date.  If the applicant chooses to do so, this Office will approve the case for publication without waiting for the applicant to submit the foreign registration.  Of course, the application must be in condition for publication in all other respects.  Moreover, while the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed.

 

If the applicant wishes to proceed relying on the applicant’s intent to use the mark in commerce as the sole basis for registration, with the claim of priority, the applicant should so advise the examining attorney.  TMEP §§806.02(f) and 806.04(b).

 

If the applicant does not so indicate, this Office will presume that the applicant wishes to rely on the foreign registration as an additional basis for registration and will expect the applicant to submit a true copy, a photocopy, a certification, or a certified copy of the foreign registration and, if appropriate, an English translation.  It is customary for the translator to sign the translation.  TMEP §§1004.01 and 1004.01(b).

 

IDENTIFICATION OF GOODS AND RECITATION OF SERVICES

The identification of goods and recitation of services is unacceptable as indefinite.  The examining attorney has bolded and placed in all capital the indefinite terms and provided alternative suggestions.  The applicant must amend the indefinite terms to specify the goods by the common commercial names.  If there is not common commercial name, the applicant must describe the product and its intended uses.  TMEP §1402.01.

 

The phrase “deodorants for personal for personal care” has been amended to “deodorants for personal care.” 

 

The examiner has placed brackets in the amended identification in order to explain why the identification is not acceptable as written.  Brackets should not be used in the applicant’s response. The Post Registration Section of the Office uses single brackets to indicate that goods/services have been deleted from a registration either by amendment of a registration under 15 U.S.C. §1057, filing of a partial affidavit of continued use under 15 U.S.C. §1058, or filing of a partial renewal application under 15 U.S.C. §1059.  The Post Registration Section also uses double parentheses to indicate that certain goods or services are not claimed in an affidavit of incontestability under 15 U.S.C. §1065.  See TMEP Chapter 1600 regarding affidavits of continued use or excusable nonuse under 15 U.S.C. §1058, renewal applications under 15 U.S.C. §1059, affidavits of incontestability under 15 U.S.C. §1065, and amendment of registrations under 15 U.S.C. §1057.  Therefore, to avoid confusion, applicants should not use parentheses and brackets in the identification of goods or services in an application.  TMEP §1402.12.

 

In the identification, the applicant must use the common commercial names for the goods or services, be as complete and specific as possible and avoid the use of indefinite words and phrases.  The terms "including," "comprising," "such as," "and the like," "and similar goods," "systems," "products," "concepts," "like services" and other indefinite terms and phrases are almost always unacceptable. The terms "namely" and "consisting of" are definite and thus are preferred whenever setting forth an identification, which requires greater particularity.  Vague terminology should be replaced by "namely" and "consisting of" wherever possible.  TMEP §§1402.01 and 1402.03(a).

 

For aid in selecting acceptable identifications of goods and services and determining proper classification, the searchable Manual of Acceptable Identifications of Goods and Services is available on the Agency website at the following address: http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/. The applicant may adopt the following identification, if accurate: 

 

Perfumes, toilet waters; eau de cologne; essential oils for personal use; cosmetics; eye shadow, lipstick, mascara, foundation makeup; toilet preparations, NAMELY, TOILET WATER; eau de toilette; soap; antiperspirants; deodorants for personal care; hair care preparations; NON-MEDICATED skin care preparations; HAIR LOTIONS, FACIAL LOTIONS, BODY LOTIONS, HAIR WAVING lotions, AFTER SUN CREAMS, AFTER SHAVE CREAMS, ANTI-WRINKLE CREAMS, BEAUTY CREAMS, BOOT CREAM, COLD CREAM, COSMETIC creams [APPLICANT MUST SPECIFY THE TYPE OF CREAMS] and conditioners; shampoos; conditioners; beauty care preparations; beauty masks; body care preparations; DEPILATORY CREAM, EXFOLIANT cream, BEAUTY MASK, FACIAL MASK, BODY masks, BABY OIL, BATH OIL, BODY oil, MAKE UP POWDER AND LOOSE FACE powder and BODY SCRUBS AND FACIAL scrubs; hand and body lotions; dentifrices; shaving preparations, dyes for hairs; NON-MEDICATED bath preparations IN THE NATURE OF BATH OILS [MEDICATED BATH PREPARATIONS ARE IN INTERNATIONAL CLASS 5]; BATH beads, BATH crystals, BATH foam, BATH gels, BATH oil and BATH powder; scented body sprays; after shave lotions; pre-electric shaving preparations, in International Class 3;

 

Goods made wholly or principally of non-precious metal, namely name badges, METAL keys FOR LOCKS, key blanks, key rings, key fobs, key chains, identification tags of metal, locks, figurines of metal, trophies, statues and statuettes, boxes, money boxes and tool boxes, in International Class 6;

 

Pre-recorded sound recordings; pre-recorded vinyl records, compact discs, audio tapes, audio-video tapes, audio video cassettes, audio video discs and digital versatile discs ALL IN THE FIELD OF JAZZ MUSIC [APPLICANT MUST SPECIFY THE FIELD OF THE RECORDS, DICS, TAPES AND CASSETTES]; pre-recorded video recordings IN THE FIELD OF SELF IMPROVEMENT [APPLICANT MUST SPECIFY THE FIELD OF THE VIDEO RECORDINGS]; motion picture films and television FILMS IN THE FIELD OF SELF IMPROVEMENT [APPLICANT MUST SPECIFY THE FIELD]; motion pictures for broadcast on television IN THE FIELD OF SELF IMPROVEMENT [APPLICANT MUST SPECIFY THE FIELD]; cd-roms featuring animation, music, comedy, variety, adventure and/or drama SHOWS; cd-rom game DISCS; blank audio tapes, blank video tapes, blank audio cassettes, blank video cassettes; video games adapted for use with television receivers, counter operated games, NAMELY, COMPUTERIZED VIDEO TABLE GAMES FOR GAMING PURPOSES, video and computer games software; video game cartridges and TAPE cassettes; game equipment for playing a computer game, NAMELY, HAND HELD JOY STICK UNITS FOR PLAYING VIDEO GAMES [APPLICANT MUST SPECIFY THE TYPES OF GAME EQUIPMENT]; spectacles; spectacle cases, sunglasses, computer software for arcade games [APPLICANT MUST DELETE ARCADE APPARATUS OR SPECIFY THE APPARATUS], video games software; computer peripheral mouse pads; computer software screen savers, in International Class 9;

 

Goods made wholly or principally of precious metals and their alloys or coated therewith, namely trophies, ornaments, figurines, name badges, coffee-pots, teapots, goblets, cups, serving trays, vases, decorative and jewelry boxes, watch cases, jewelry cases, cigarette cases, ALL PURPOSE PORTABLE household containers, household utensils OF PRECIOUS METALS, NAMELY, whisks, spatulas, ladles [IF THE GOODS ARE NOT OF PRECIOUS METAL, THEY BELONG IN INTERNATIONAL CLASS 21], towel holders and napkin holders OF PRECIOUS METALS [IF THE GOODS ARE NOT OF PRECIOUS METAL, THEY BELONG IN INTERNATIONAL CLASS 21], clocks, alarm clocks; watches; jewelry; precious stones; diamonds, rubies, sapphires; bracelets, jewelry chains, watch chains, non-monetary coins, medals, medallions, key rings, tie clips, tie pins, cufflinks, hat pins of precious metal, jewelry pins for use on hats, ornamental lapel pins, jewelry pins, tie pins,  [APPLICANT MUST CLASSIFY THESE GOODS IN INTERNATIONAL CLASS 14 AND NOT INTERNATIONAL CLASS 6], in International Class 14;

 

Printed matter, namely newspapers, periodical publications IN THE NATURE OF MONTHLY NEWSLETTERS IN THE FIELD OF GARDENING, magazines IN THE FIELD OF GARDENING, books IN THE FIELD OF GARDENING, comic books and newsletters IN THE FIELD OF GARDENING [APPLICANT MUST SPECIFY THE SUBJECT MATTER OF THE PUBLICATIONS, MAGAZINES, BOOKS AND NEWSLETTERS.  THE APPLICANT MUST ALSO SPECIFY THE TYPE OF PUBLICATION.] ALL OF THE ABOVE ALSO featuring music, comedy, variety, adventure, entertainment and/or drama features; coloring books; children's activity books; unmounted photographs, mounted photographs; pictures, art prints, photographic prints, posters; greeting cards; postcards; notepads; address pads; scrap books; folders; calendars; photograph albums; diaries; postage stamps; stamp albums, stickers, oar stickers; decalcomanias; stationery; pens, pencils, erasers, pencil sharpeners, pencil cases, drawing rulers, boxes for pens, book marks; printed instructional and teaching materials, all featuring music, comedy, variety, adventure, entertainment and/or drama features; paper gift bags; envelopes; blackboards; paper height charts; paper covers for protecting stamps; cheque book holders; paper trays; paper party favors, in International Class 16;

 

Articles of leather or imitation leather, namely shopping bags, briefcases, wrist mounted carryall BAGS, rucksacks, all purpose sports bags, athletic bags, baby back packs, back packs, beach bags, book bags, diaper bags, duffel bags, gym bags, tote bags, boot bags for travel, satchels; wallets; coin purses; fanny packs, knapsacks, waist packs, business card cases; umbrellas, parasols, bags for storing records, in International Class 18;

 

Display boards for displaying advertisements [THESE GOODS ARE IN INTERNATIONAL CLASS 20 AND NOT 16], in International Class 20;

 

Beverage glassware, cups, mugs, china dinner plates, domestic utensils, NAMELY, pot and pan scrapers, rolling pins, spatulas, turners, whisks [APPLICANT MUST SPECIFY THE DOMESTIC UTENSILS]; ALL PURPOSE PORTABLE household containers; HOUSEHOLD containers for food and soap containers, non-being of precious metal or coated therewith; drinking glasses, NAMELY, beer and wine glasses and whiskey shot glasses, GLASS tumblers FOR DRINKING; Crockery, NAMELY, plates, cups, bowls, mugs; plastic serving trays, hair combs, flasks, plastic coasters, lunch boxes, non-metal piggy banks, PLASTIC water bottles sold empty, tooth brushes, household and kitchen containers not made of precious metals or coated therewith; figurines made of china, crystal, earthenware, glass, porcelain and terracotta, in International Class 21;

 

Textile articles, namely bed linen, duvet covers, pillow cases, bed sheets, bed blankets, table linen, table cloths, napkins, handkerchiefs, curtains; cloth pennants, cloth banners, cloth flags, towels, beach towels, textile wall hangings, face towels, tea towels, flannel [THE EXAMINER HAS DELETED THE LETTER S FROM THE WORD FLANNEL TO MAKE IT CLEAR THAT THE APPLICANT IS REFERRING TO FLANNEL FABRIC], textile place mats and silk fabrics, in International Class 24;

 

Articles of clothing AND OUTER CLOTHING, namely shirts, sweatshirts, jackets, coats, raincoats, snowsuits, pants, trousers, shorts, tank tops, rainwear, cloth bibs, skirts, blouses, dresses, suspenders, sweaters, athletic uniforms, warm-up suits, jogging suits, shoes, boots, sneakers, sandals, booties, slipper socks, swimwear, scarves, dressing gowns, boxer shorts, socks, t-shirts; hats, caps, sun visors, sleepwear, pajamas, slippers, underwear, lingerie, wrist bands, head bands, ties, robes; masquerade and Halloween costumes and masks sold in connection therewith; footwear and headwear for babies and toddlers; articles of clothing for babies and toddlers, namely shirts, t-shirts, shorts, jackets, socks and dresses, in International Class 25;

 

Bobby pins, hair pins, hat pins for securing hats, ornamental novelty pins, safety pins, waving pins of the hair, in International Class 26;

 

Toys and sporting goods, games and playthings, namely action figures and accessories therefore; bathtub toys; ride-on toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand held game unit FOR PLAYING ELECTRONIC GAMES; equipment sold as a unit for playing a board games, a card game, a manipulative game, a parlour game and an action type target game; stand alone video output game machines; board games, card games; teddy bears, plush toys; jigsaw puzzles, cube puzzles, manipulative puzzles; balloons; paper face masks; skateboards; ice skates; roller skates; skis; water squirting toys; surfboards; swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy model hobbycraft kits; Christmas tree ornaments, ordinary playing cards [PLAYING CARDS ARE IN INTERNATIONAL CLASS 28 AND NOT INTERNATIONAL CLASS 16], in International Class 28;

 

Entertainment services, NAMELY, PERFORMING AND COMPETING IN MOTOR SPORTS EVENTS [APPLICANT MUST SPECIFY EACH AND EVERY ENTERTAINMENT SERVICE]; television entertainment services IN THE NATURE OF A TELEVISION COMEDY SERIES; music entertainment services IN THE NATURE OF LIVE PERFORMANCES BY A MUSICAL GROUP; sound recording STUDIOS and video entertainment services IN THE NATURE OF THE PRODUCTION OF VIDEO TAPES; education services, NAMELY PROVIDING CONTINUING LEGAL EDUCATION COURSES; education and training services, NAMELY, COMPUTER EDUCATION TRAINING SERVICES; ENTERTAINMENT IN THE NATURE OF LIVE MUSICAL CONCERTS; video performances, NAMELY PROVIDING A WEBSITE FEATURING MUSICAL PERFORMANCE OF SINGERS IN VIDEOS; television and radio entertainment services, NAMELY PROVIDING AN ON-GOING TELEVISION AND RADIO PROGRAM IN THE FIELD OF GARDENING [APPLICANT MUST INDICATE THE FIELD OF THE PROGRAM]; entertainment services, NAMELY, stage THEATER production and cabarets; production of videoTAPES and sound recording IN THE NATURE OF RECORDS; production and performance of OPERA shows, musical shows, LIVE MUSICAL concerts; PRODUCTION OF videoTAPES, multimedia videoTAPES and radio and television programs; recording STUDIOS, film STUDIOS, PROVIDING video STUDIOS and television studio services; RECORDING STUDIOS, NAMELY, audio, film, video and television recording services; NEWSPAPER publishing [APPLICANT MUST SPECIFY THE TYPE OF PUBLISHING]; music publishing; sound recording STUDIOS, MOTION PICTURE film and videoTAPE production and distribution services; arranging and conducting of seminars, conferences and exhibitions; publication of books, magazines and other texts IN THE NATURE OF JOURNALS AND PERIODICALS, in International Class 41.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. Section 2.71(a); TMEP section 1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or services set forth in the present identification.

 

MULTI-CLASS APPLICATIONS

The applicant has currently paid for 11 classes.  If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. 

 

RESPONSE GUIDELINES

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements in writing and request that the Office enter them.  Even if the adopted changes are taken directly from the suggestion in the office action [e.g. a change in the identification of goods and services], the applicant should put any desired changes into a written response.  This will allow the Office to enter the changes upon receipt of the applicant’s response and speed processing of any amendments to the application. The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.

 

To ensure that its response is considered timely, applicant may wish to add the following completed “certificate of mailing” to the end of its response.  Applicant should keep a photocopy of its response with the signed certificate, in case the response is lost or misplaced.  See TMEP §§305.02 et seq.

 

CERTIFICATE OF MAILING

 

I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to:  Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3514, on the date below.

 

________________________________________________

(Typed or Printed Name of Person Signing Certificate)

________________________________________________

(Signature)

________________________________________________

(Date)

The certificate of mailing procedure does not apply to the initial filing of trademark applications.  37 C.F.R. §2.197(a)(2).  If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

/Tanya Amos/

Trademark Examining Attorney

Law Office 113

(571) 272-9423 Phone

(571) 273-9423 Fax

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action issued via email you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.